BW INSIGHTS

Patents vs. Trade Secrets: What You Should Know

By David Breiner | 04.19.2023
A patent can be an excellent way to protect an invention. Machines, processes, compositions of matter, and manufactures can all be protected by a patent. Having a strong patent gives the patent owner a virtual monopoly on his or her invention for 20 years. Patents, however, are not the only way to protect an invention. Depending on the... Read More

USPTO Terminates Global Patent Prosecution Highway with the Russian Federal Service for Intellectual Property (Rospatent)

By David Breiner | 03.11.2022
What is the GPPH? The Global Patent Prosecution Highway (GPPH) is an examination regime that enables expedited patent protection in foreign countries. Under the GPPH, participating patent offices have agreed that when an applicant receives a final ruling from a first patent office that at least one claim is allowed, the applicant may request fast... Read More

USPTO Announces COVID-19 Prioritized Examination Program for Certain Trademark/Service Mark Applications

By David Breiner | 06.16.2020
The United States Patent and Trademark Office (USPTO) recently announced a new COVID-19 prioritized examination program for certain trademark and/or service mark applications.  To qualify, the applications must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19... Read More

COVID-19 Will Spawn a Slew of New Patent Filings

By David Breiner | 03.26.2020
Currently, we are inundated with information about COVID-19, which is short for coronavirus disease 2019. Coronaviruses are relatively large spherical viruses having projections extending from their outer surface. Once attached to a host cell, the host cell cleaves, allowing the genetic material of the virus to enter the host cell. Once inside,... Read More

Granting of Waivers by The United States Patent and Trademark Office for Abandoned or Canceled Patent and Trademark Applications

By David Breiner | 03.26.2020
The United States Patent and Trademark Office (USPTO) considers the effects of the Coronavirus outbreak to be an “extraordinary situation.” As such, the USPTO has taken steps to reduce certain costs associated with reviving cancelled or abandoned patent and trademark applications. Filing responses and paying fees associated with patent... Read More

Claiming Color as Part of a Trademark

By David Breiner | 09.19.2019
A trademark is a symbol used in commerce to identify a source of goods and services. This symbol often takes the form of a logo, word(s), and/or phrase. Trademark protection comes from using a trademark in commerce. However, trademark protection may be enhanced by filing the trademark with the United States Patent and Trademark Office (USPTO). A... Read More

Beware of the Copyright Troll!!!

By David Breiner | 04.20.2018
For the last five years many people have received letters alleging they infringed another party’s copyrights. The story for these people is almost always the same. They found an image they liked on the internet, noticed it wasn’t marked with a copyright notice, assumed it was free to use, and copied the image. What they didn’t know is that almost... Read More

Is My Software Patentable?

By David Breiner | 03.03.2017
Is my software patentable? Maybe!!! Does it solve a problem rooted in computer technology? Does it improve the performance or functioning of a computer? Does it solve a technological problem by applying well understood operations in non-conventional and/or in non-generic ways? If the answer to any of these questions is yes, then it is possible... Read More

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